P. v Gonzalez CA4/3
An information charged David Xavier Gonzalez with assault with a deadly weapon, namely a metal pipe (count 1); assault by means of force likely to produce great bodily injury (count 2); and active participation in a criminal street gang (count 3). Sentencing enhancements were alleged for committing the assault for the benefit of a criminal street gang, personally inflicting great bodily injury, having a prior strike conviction under the “Three Strikes” law and a prior serious felony conviction, and serving a prior prison term.
A jury found Gonzalez not guilty of assault with a deadly weapon as charged in count 1, but instead convicted him of the lesser included offense of simple assault. The jury also convicted Gonzalez of assault by means of force likely to produce great bodily injury as charged in count 2, active participation in a criminal street gang as charged in count 3, and found true all sentence enhancements. The court dismissed the strike prior, gang enhancement, an
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